Mahesh Vs State of U.P. and 9 Others — Allahabad HC (2023) — LawSathi Research

Mahesh Vs State of U.P. and 9 Others — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Sub-Divisional Magistrate, Tehsil Bairia, District Ballia (respondent no.2) to conclude Case No.01926 of 2016 (Mahesh Vs. Tribhuwan) expeditiously, preferably within four months of production of a certified copy of the order, after full opportunity of hearing; with ancillary directions permitting personal appearance of parties upon lawyers' non-cooperation and protecting parties' property rights from being affected solely due to such non-cooperation.

Issue for consideration

Whether the Court should issue a direction for expeditious disposal of Case No.01926 of 2016 (Mahesh Vs. Tribhuwan), whose pendency was said to cause serious prejudice to the petitioner's rights.

Court's answer

The petition is disposed of with a direction to the Sub-Divisional Magistrate, Tehsil Bairia, District Ballia (respondent no.2) to conclude the proceedings of Case No.01926 of 2016 expeditiously.

Ratio / Principle

The proceedings are to be concluded preferably within a period of four months from the date a certified copy of the order is produced before the Sub-Divisional Magistrate, after giving full opportunity of hearing to the parties concerned.

Key takeaways

If the lawyers do not cooperate with the proceedings, whether on account of abstainment from work or otherwise, the court concerned shall permit personal appearance of the parties to address it on the merits of the case.ratio¶11
The authority/court concerned shall take special care that the property rights of the parties are not adversely affected only on account of non-cooperation of the lawyers, and the matter shall be disposed of strictly in accordance with law, taking care of statutory provisions and after critical analysis of the material on record.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Kshitij Shailendra, J.; Writ - C No. 14795 of 2023, decided 10.5.2023) disposed of a writ petition filed by Mahesh seeking expeditious disposal of Case No.01926 of 2016 (Computerized Case No. T201615090501926) (Mahesh Vs. Tribhuwan), pending before the Sub-Divisional Magistrate, Tehsil Bairia, District Ballia (respondent no.2). The Court directed conclusion of the proceedings expeditiously, preferably within four months from production of a certified copy of the order, after giving full opportunity of hearing to the parties. It further directed that if lawyers do not cooperate, whether by abstaining from work or otherwise, the court concerned shall permit personal appearance of the parties; that the property rights of the parties shall not be adversely affected merely on account of lawyers' non-cooperation; and that the matter be disposed of strictly in accordance with law, with due regard to statutory provisions and critical analysis of the record. No statute or precedent was cited; the Standing Counsel raised no serious objection to the prayer.

Neutral Citation No. - 2023:AHC:100332

Court No. - 52

Case :- WRIT - C No. - 14795 of 2023

Petitioner :- Mahesh Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Anish Kumar Upadhyay Counsel for Respondent :- CSC,Rameshwar Prasad Shukla

Hon'ble Kshitij Shailendra,J.

Heard learned counsel for the petitioner and learned Standing Counsel representing the State-respondents.

This petition has been filed seeking expeditious disposal of Case No.01926 of 2016 (Computerized Case No. T201615090501926) (Mahesh Vs. Tribhuwan) within a stipulated period.

Learned counsel for the petitioner submits that pendency of the aforesaid case is causing serious prejudice to the rights of the petitioner and therefore this Court should issue a direction for expeditious disposal of the case.

Learned Standing Counsel has no serious objection to the prayer made by the learned counsel for the petitioner.

In view of the above, having heard the learned counsel for the parties and having perused the record, this petition is disposed of with a direction to the Sub-Divisional Magistrate, Tehsil Bairia, District Ballia (respondent no.2) to conclude the proceedings of the aforesaid case expeditiously, preferably, within a period of four months from the date a certified copy of this order is produced before him, after giving full opportunity of hearing to the parties concerned.

In case the lawyers do not cooperate with the proceedings either on account of abstainment from work or otherwise, the court concerned shall permit personal appearance of the parties to address it on the merits of the aforesaid case. However, the authority/court concerned shall take special care of the fact that the property rights of the parties may not be adversely affected only on account of non-cooperation of the lawyers and the aforesaid matter shall be disposed of strictly in accordance with law, taking care of the statutory provisions and after making critical analysis of the material available on record.

Order Date :- 10.5.2023 AKShukla/-

Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad